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HomeMy WebLinkAbout20172200.tiffAugust 9, 2017 Petitioner: KENDALL BERNIE L & ANDREA AIELLO 2675 65TH AVE GREELEY, CO 80634-8904 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO NOTICE OF DECISION Docket #: 2017-2200 Appeal #: 2008216766 Hearing Date: Dear Petitioner: On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. Section 39-8-101 et seq., considered petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2017. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R2576986 Stipulated - Approved Stipulated Value $412,301 $390,161 A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30) days of the date the denial is mailed to you. You must select only one of the following three (3) options for appeal: 1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to the Court of Appeals pursuant to C.R.S. Section 39-8-108(2), only the record of proceedings from your hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate court. All appeals to the Board of Assessment Appeals filed after August 10, 2016, MUST comply with the following provisions of C.R.S. Section 39-8-107(5): (5)(a)(I) On and after August 10, 2011, in addition to any other requirements under law, any petitioner appealing either a valuation of rent -producing commercial real property to the board of assessment appeals pursuant to section 39-8-108(1) or a denial of an abatement of taxes pursuant to section 39-10-114 shall I provide to the county board of equalization or to the board of county commissioners of the county in the case of an abatement, and not to the board of assessment appeals, the following information, if applicable: (A) Actual annual rental income for two full years including the base year for the relevant property tax year; (B) Tenant reimbursements for two full years including the base year for the relevant property tax year; (C) Itemized expenses for two full years including the base year for the relevant property tax year; and (D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for two full years including the base year for the relevant property tax year. (II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within ninety days after the appeal has been filed with the board of assessment appeals. (b)(I) The assessor, the county board of equalization, or the board of county commissioners of the county, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal with the board of assessment appeals not more than ninety days after receipt of the petitioner's request, the following information: (A) All of the underlying data used by the county in calculating the value of the subject property that is being appealed, including the capitalization rate for such property; and (B) The names of any commercially available and copyrighted publications used in calculating the value of the subject property. (II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b) shall redact all confidential information contained therein. (c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the county may move the board of assessment appeals to compel disclosure and to issue appropriate sanctions for noncompliance with such order. The motion may be made directly by the county attorney and shall be accompanied by a certification that the county assessor or the county board of equalization has in good faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action by the board of assessment appeals. If an order compelling disclosure is issued under this paragraph (c) and the petitioner fails to comply with such order, the board of assessment appeals may make such orders in regard to the noncompliance as are just and reasonable under the circumstances, including an order dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest shall resume as of the date the contested information has been provided by the taxpayer. Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to you. The address and telephone number of the Board of Assessment Appeals are: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, Colorado 80203 Telephone Number: 303-864-7710 Email: baa@state.co.us Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent must pay a fee of $101.25 per appeal. OR 2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the District Court of the /county wherein your property is located: in this case that is Weld County District Court. A hearing before The District Court will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is further appealed to the Court of Appeals pursuant to C.R.S. Section 39-8-108(1), the rules of Colorado appellate review and C.R.S. Section 24-4-106(9), govern the process. OR 3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this option, the arbitrator's decision is final and you have no further right to appeal your current valuation. C.R.S. Section 39-8-108.5 governs this process. The arbitration process involves the following: a. Select an Arbitrator: You must notify the Board of Equalization that you will pursue arbitration. You and the Board of Equalization will select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator, the District Court of the county in which the property is located (i.e., Weld) will select the arbitrator. b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records documents and other evidence pertaining to the value of the property. The arbitrator also has the authority to administer oaths, and determine all questions of law and fact presented to him. The arbitration hearing may be confidential and closed to the public if you and the Board of Equalization agree. The arbitrator's decision must be delivered personally or by registered mail within ten (10) days of the arbitration hearing. c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the Board of Equalization. In the case of residential real property, the fess may not exceed $150.00 per case. For cases other than residential real property, the arbitrator's total fees and expenses are agreed to by you and Board of Equalization, but are paid by the parties as ordered by the arbitrator. If you have questions concerning the above information, please call me at (970) 400-4226. Very truly yours, az76i,e Esther E. Gesick, Clerk to the Board Weld County Board of County Commissioners and Board of Equalization Cc: Christopher Woodruff, Weld County Assessor COUP BOARD OF EQUALIZATION WELD COUNTY Single. ountyr ehedule Number R2576986 STIPULATION (As To Tax Year 2017 Actual Value) RE PETITION OF : R2576986 NAME: BERNIE & ANDREA AIELLO ENIALL ADDRESS: 2675 65TH AVENUE GREELEY, CO80634 .__ Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2017 valuation of the subject property, and jointly move the Board of Equalization to enter its order based on this Stipulation. Petitioner (s) and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: R 4WRa281 8 (WEST RIDGE AREA ANNEX) WESTRIDGE 4TH FILING 2. The subject property is classified as Residential property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2017: Total $412,301.00 . After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2017 actual value for the subject property: Total $390,161.00 5. The valuation, as established above, shall be binding only with respect to tax year 2017. 6. Brief narrative as to why the reduction was made: After exterior and interior inspection, corrected details of basementfinish, first floor sif and changed quality. Agreed to set value to the lowest comparable on the market grid. 7. Both parties agree that: DThe hearing scheduled before the Board of Equalization on I ate) at (Time) be vacated. R2576986 1 ZA hearing has not yet been scheduled before the Board of Equalization. ATED this 26 day of July, 2017 Petitioner(s) or Agent or Attorney Address: 2177C oriC Ascr-ce ec (ty, cce Telephone: cl "'ltic 3 Y 7_ 3 Po Docket Number Stip 1.Frm R2576986 /I/ ssistant) County Attorney fo Respondent, Weld County Board of Commissioners Address: 1150 "0" Street P.O. Box 758 Greeley, CO 80632 Tele•hone:(970) 336-7235 County Asse sor Address: 1400 Wirth Avenue Greeley, CO 80631 Telephone: (970) 353-3845 ext. 3697 2 r NOTICE OF DETERMINATION Christopher M. Woodruff Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 Date of Notice: 6/30/2017 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM — 5:00PM th • 5V:r a. 1-•.YJ-. � • M' .4 l4 ' .h: _ ..1'.Y: :•-- caroa�xix{ilx.{�.•. `Y4�iS•Y�,X i .! 4'VYY NM145M1V4'iNrt'Vna{h^ ,�- - J:a ,u{. wl :�.l": J:' l} v �: _:\•\4•.4. aa...,", ..,h 4• •Y a� JS t ,..}.PA•• _ t5 #'v`• - •• .\, L -{ - .. as uat:a ___...... uaival} t.. r��•..}.. 1 l .r.S r ._. -4rfy' 51.5 C .ri �. � s}Y J '1.'. #.Y'5S{ } } y '-n'''Y .. Y.a....... :. ... ... .. ..... . �Y _ti: •. L' S / �q .. 4. �-e61�?f%i4. `: i.�luJ•.. . a -: *:,; +i�L-S.•hG < r ` !1. .........:: :.i:. ':1:::: '.}'J .. _._t. .;. .�.. SS . .t \• } 4₹-• •: µ/..YMT .'} S:{ h.' JIA. } {7y. a__.r.{�) _ W k :v C$< c Li ` • •.-u.^f.. +:. :...✓ •..• 4v •..V. ,.ala•I _.a.aVv u.. .. -r, .••L-"�'.'a'•�'. 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Cra, .tL. y,},��.. -P` . 45h .Za. • .ree • ��{._- P�rry r' . rr �}M1�}hr wr;' T ♦ t -1 33t"iiY. ✓ 4r. ^�s�;~ ��� i4U7C'ti . a !, `)L ¢,;`j; ti �•ii.RC.• r ,.,..ti's" 4 4M1r •�. }4,�y?�{'4 v i P ?` . .ya •v. ^Y.`•.']fsW •, •�Sls. :a Wai i - <_. • 4. .. {• M1 "X� J�� { -.. :, . ' h ¢ yse . . : 4 CK ,r•A`i Y M Yi 1 _ t:.._ .. .:. f • ..._ _ ♦ P" _ va " - �•J5y.�,} 1 1 n y[ •i .. RESIDENTIAL 412,301 412,301 � :. ��j/ fig. S, +rr•aY 1 $412,361 $412,301 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessors determination of value after review is based on the following: .DLO I - Your property has been uniformly valued following Colorado law. Your protest of value has been denied due to comparison of other similar properties which sold during the 2015/2016 time period. If you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration, § 394406(1 )(a), C.R.S. The deadline for filing real property appeals is July 15. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the reverse side of this notice for additional information. Agent (If Applicable): niteed 6 c;c4-e• prio r 40 23-01* 3\seir Hand Oet:vercA 15 -DIET -AR PR 207-08/13 R2576986 County Board of Equalization Hearings will be held from July 24th through August 4t" at 1150 O Street To appeal the Assessors decision, complete the Petition to the County Board of Equalization shown below, and mail, file online, or deliver a copy of both sides of this form to: Weld County Board of Equalization 1150 O Street, P.O. Box 758 Greeley, CO 80631 Telephone: (970) 356-4000 ext, 4225 Online: # ttp, rv+rw.co.wel _.cpAsiappsicbogi To preserve your appeal rights, your Petition to the County Board of Equalization must be postfnOrked or 'delivered on or before July 16 for real property - after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equarlixation- .niusf mail a written decision to you within five business days following the date of the decision. - The daiinly Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2),C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 10, § 39-2-125(1)(e), . , , If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following. Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, CO 80203 (303) 866-5880 www.dola.colorado.govlbaa District Court Contact the District Court in the County where the property is located. See your local telephone book for the address and telephone number. Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, a 39-14-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2016? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), .R. .) $3 ce cnrib What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) TYrcArc c of) a, 5 5S t irea lick4A st cL McE;:a}:. tip P K•.l ... .. - :. r r.ti •.s tv.a;S-]"u .�. __. _.__ .. •, . ySA^.4Cy,. ^4;S.av�:l;.x:. `'1%: ♦v; r. .. rgv:,.vx�dv. t 1: r \ J. Y 'r � .�.: : n : = •-i"� `.v f - ��=�ti G. S�'r?;v?Urs:QG' .: -�ti .: ri r'4' y,,y.��l.j :^�':l.•:J♦ . ; N..�- . - ... .:. •.... ..:.......... . .? ? .. .i%•. y ,,._�? i iw , fi.. ... x' - t........ Shy. .{... C--•i{ {??.; . •-r� - 1'-1 "--- .-_ -A. - < - .v_ :.ti , ... �RrriJ$ J' , - v JZ}C?`:lGSJ.. "n 1 . C, i r t F1. •1r}fit..... ..♦". [.. .�-..... :.. ...... .......... .....:n .....M1\s�51 ,.•..__. .. � .. ....��M.r/M r�..YiLd..: •F]P,.:; � .. '.+Y.�'A � ... , �,. ��'•PJY.. ^�--.... _ __ .z ., .'..d��• . .. I, the u - -rsggned owner or a ent1 of the property identified above, affirm that the statements contained herein and # y attachments hereto are true and complete. ignature .t( q2r-c, 3X73 8d ce c141 Telephone Number Date Email Address i Attach letter of authorization signed by property owner. 7/031M -le 1 �6eDPT-AID PR 207-08/13 82576986 Re: Appeal of Assessment of property , 26 75 55th Ave. Greeley, Co Account # R2576986 July 10, 2017 To Whom it may concern: We wish to appeal the assessment of our property for the following reasons: 1. The Quality of our property in former years has been "Fair" not "Average". We have made no changes in the property to warrant an upgrade to Average. Our understanding from county assessors is that Fair refers to the size of the home in relation to others in the subdivision. Our home is one of the smallest in Westridge and is not the same quality construction. Our flooring is carpeting not hard wood as is in the comparison homes noted. 2. There are several errors in the description of our home as reported in the assessment ( The county assessor verified these errors on 7/7 with a walk through of the house. ( Val Grube). This raised ranch consists of two levels. The top level has 1100 sq ft of living space upstairs and 1000 sq ft in the lower. Some people refer to the lower level as a finished basement An unheated passive solar addition was added. The upper portion consists of a 168 Sq ft loft that overlooks the unfinished lower level cement floor section. This addition was permitted at the time of construction as an enclosed porch as it is not heated. There are four bedrooms not five as reported. There are two bathrooms not three as reported. 3. We also feel that a 45% increase in property value is inconsistent with the rate of growth sited in the Tribune which I believe was 25%. Although we feel the 143. 31 set forth by the assessor's office to be the final mark value is hi a as we do not have the same high end finishings of the comparable home sited (Hardwood floors, high end kitchens, bathrooms, tile,etc.) for simplicity we have taken your figures. Removing the errors ( extra bathroom and bedroom as well as finished square footage I would estimate the value of the finished home to be 30U,300 not $412, 301 as set forth by the assessor. Further documentation is available should it be required. You may also speak with Val Grube as she has visited the home. Thank you for your consideration of this matter. Andrea and Bernie Kendall 2675 65"h Ave Greeley, CO 80634 970 397 3806 P.S. Please note that we will be out of the country from 7/31 through 8/23rd. We appreciate your setting an appeal date after that time. Subject Comp # 1 Sale Date 05/26/2015 Sale Price $0 430000 TmAdj Sale Price $0 451457 Parcel Number 095916301005 095916301004 Account Number R2576986 R2576886 Street Address 2675 65TH AVE 2655 65 AV WELD COUNTY ASSESSOR'S Sales Comparables Market Adjustment Grid Comp # 2 05/15/2015 430000 451457 095916103002 R2572186 2305 59 AVCT Comp # 3 03/31/2015 440000 465432 095916409009 R2586986 6037 24 ST TOTALIMPSF 2877 2809 $0 2845 $0 2815 $0 TOTALLANDSF 112820 112820 $0 0 $0 0 $0 NBHDANDEXT 2107 - 01 2107 - 01 $0 2107 - 01 $0 2107 - 01 $0 OCCUPANCY Single Family Resid Single Family Residentie $0 Single Family Residentie $0 Single Family Residentie $0 Built -As Description Ranch 1 Story Ranch 1 Story $0 Ranch 1 Story $0 Ranch 1 Story $0 Quality Average Average $0 Average $0 Average $0 Condition Typical Typical $0 Typical $0 'Typical $0 Year Built 1974 1975 ($750) 1979 ($3,750) 1980 ($4,500) Adjusted Year Built 1977 1980 $0 1979 $0 1980 $0 Residential SF 1533 1769 ($13,216) 2157 ($34,944) 2815 ($71,792) Baths .3- L.- 4 ($6,000) 4 ($6,000) 3 $0 Basement Sq Feet 1025 1657 ($12,008) 2157 ($21,508) 1365 ($6,460) Basement Finish 1025 1657 ($10,112) 2157 ($18,112) 0 $16,400 Basement Walkout 0 1 ($6,500) 1 ($6,500) 0 $0 Garage Total SF 858 663 $0 590 $0 552 $0 Garage -Attached 0 663 ($27,183) 590 ($24,190) 552 ($22,632) Garage - Detached 858 0 $35,178 0 $35,178 0 $35,178 Bonus Room - Tot SF 0 0 $0 0 $0 0 $0 Land Adjustment 131132 131132 $0 147944 ($16,812) 140941 ($9,809) Out Building Adjustment 34507 8871 $25,636 2687 $31,820 0 $34,507 Final Market Value Final Market Value / SF $412,301.00 $143.31 $ Adjustment' Gross % Adjustment Net % Adjustment • Adjusted Sales Price Adjusted Sales Price / SF ($14,955.00) 30.2538% -3.3126% $436,502.00 $151.72 $ Adjustment Gross % Adjustment Net % Adjustment Adjusted Sales Price Adjusted Sales Price / SF ($64,818.00) $ Adjustment 44.0383% Gross % Adjustment -14.3575% Net % Adjustment $386,639.00 Adjusted Sales Price $134.39 Adjusted Sales Price / SF ($29,108.00) 43.2454% -6.2540% $436,324.00 $151.66 July 21, 2017 Petitioner: KENDALL BERNIE L & ANDREA AIELLO 2675 65TH AVE GREELEY, CO 80634-8904 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2017, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket #: 2017-2200, AS0097 Appeal #: 2008216766 Hearing Date: 7/26/2017 3:00 PM Account(s) Appealed: R2576986 Dear Petitioner(s): The Weld County Board of Equalization has set a date of JULY 26, 2017, at or about the hour of 3:00 PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Administration Building, Assembly Room, 1150 O Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5, 2017, and mailed to you within five (5) business days. Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION Esther E. Gesick Clerk to the Board Weld County Board of County Commissioners cc: Christopher Woodruff, Assessor Hello